UPDATE: Lawyer for Rondaiges Harper files motion to dismiss case

A Delaware man wants his case thrown out of court, claiming double jeopardy.

Rondaiges Harper is facing false imprisonment and second degree conspiracy charges. Those charges stem from the kidnapping of an elderly Lincoln woman, back in 2013.

Harper’s attorney John Brady filed a motion to dismiss the charges this morning. That’s because earlier this year the Delaware Supreme Court reversed a previous conviction on similar charges. Brady is claiming double jeopardy, meaning Harper can’t be tried twice for the same crime.

The State has requested 10 days to respond to the motion, so it can present its arguments. That request was granted and the judge gave Harper’s attorney five days after that to file a final argument to dismiss. This means a decision on this case is at least 15 days away.

Harper was one of four teens arrested for holding then 89-year-old Margaret Smith in the trunk of her own car for three days, before dumping her in a cemetery alive. Just last month, Harper rejected a plea deal on the new charges.